Date:
04/20/2023
Subject:
Clint Fichter/City of Avoca - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Clint Fichter, Complainant And Concerning: City of Avoca, Respondent |
Case Number: 23FC:0025 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On February 2, 2023, Clint Fichter filed formal complaint 23FC:0025, alleging that the City of Avoca violated Iowa Code chapter 22.
On February 10, 2023, Mr. Fichter sent a request to the City on behalf of A-Town Capital Group, LLC, for electronic copies of all meeting minutes of the Urban Renewal Agency from January 2010 to the present.
The City responded to the request by stating that the fees for the production of these records would be 25 cents per page, whether printed or electronic, plus $23.59 per hour spent producing the records. This fee schedule resulted in an estimate total fee of around $1,000.
Mr. Fichter replied stating that he believed these fees were unreasonable and asked that the City either charge a flat fee of $50 or allow him to examine and copy the records in person at City Hall. The City refused Mr. Fichter’s requests and maintained that the fees would be estimated based on the fee schedule originally provided.
Thereafter, Mr. Fichter filed this complaint with IPIB contesting the reasonableness of the fee estimate the City had provided. In the initial review of the complaint in accordance with the procedure outlined in Rule 497-2.1(23) of the Iowa Administrative Code, IPIB staff inquired as to the basis for the quoted fees, particularly the fees for electronic copies.
In response, the attorney representing the City in this matter stated that the City planned to remove the per-page charges from the fee estimate and instead charge only for the time needed to produce the records at a rate of $23.59 per hour, which is the hourly compensation rate of the employee who would complete the request.
The City provided Mr. Fichter a revised invoice for his request, a copy of which is attached to this order as Exhibit 1. The revised invoice includes no per-page charges for the electronic copies. Under the revised invoice, the total estimated fee is $17.69. The City further stated that once Mr. Fichter had paid the estimated fee, the records would be placed on a USB storage device and held at the Avoca Public Library for Mr. Fichter to retrieve at his convenience.
Iowa Code § 23.8 requires that a complaint be within IPIB’s jurisdiction, appear legally sufficient, and have merit before IPIB accepts a complaint. Following a review of the complaint and the additional information provided by the parties, IPIB finds that this complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 23FC:0033 is dismissed as it is without merit pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on April 20, 2023. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Erika Eckley, J.D
CERTIFICATE OF MAILING
This document was sent on April 11, 2023, to:
Clint Fichter
Teresa Hoepner, City of Avoca